DOS-22-09-00003-P Cease and Desist Zone for the Canarsie Area of Kings County

6/3/09 N.Y. St. Reg. DOS-22-09-00003-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 22

June 03, 2009

RULE MAKING ACTIVITIES

DEPARTMENT OF STATE

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. DOS-22-09-00003-P

Cease and Desist Zone for the Canarsie Area of Kings County

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend section 175.17(c)(2) of Title 19 NYCRR.

Statutory authority:

Real Property Law, section 442-h

Subject:

Cease and desist zone for the Canarsie area of Kings County.

Purpose:

To repeal a cease and desist zone that expired on May 31, 2008.

Text of proposed rule:

Section 175.17(c)(2) of Title 19 of the NYCRR is amended to read as follows:

§ 175.17 Prohibitions in relation to solicitation

(2) The following geographic areas are designated as cease-and-desist zones, and, unless sooner redesignated, the designation for the following cease-and-desist zones shall expire on the following dates:

Zone Expiration Date

County of Bronx August 1, 2009

Within the County of Bronx as follows:

All that area of land in the County of Bronx, City of New York, otherwise known as Community Districts 9, 10, 11 and 12, and bounded and described as follows: Beginning at a point at the intersection of Bronx County and Westchester County boundary and Long Island Sound; thence southerly along Long Island Sound while including City Island to East River; thence westerly and northwesterly along East River to Bronx River; thence northwesterly and northerly along Bronx River to Sheridan Expressway; thence northeasterly along Sheridan Expressway to Cross Bronx Expressway; thence southeasterly and easterly along Cross Bronx Expressway to Bronx River Parkway; thence northerly and northeasterly along Bronx River Parkway to East 233rd Street; thence westerly along East 233rd Street to Van Cortlandt Park East; thence northerly along Van Cortlandt Park East to the boundary of Westchester County and Bronx County; thence easterly along the boundary of Westchester County and Bronx County to Long Island Sound and the point of beginning.

Zone Expiration Date

County of Queens August 1, 2009

Cease and Desist Zone

(Mill/Basin/Brooklyn)

Zone

County of Kings (Brooklyn) Expiration Date November 30, 2012

Within the County of Kings as follows:

All that area of land in the County of Kings, City of New York, otherwise known as the communities of Mill Basin, Mill Island, Bergen Beach, Futurama, Marine Park and Madison Marine, bounded and described as follows: Beginning at a point at the intersection of Flatlands Avenue and the northern prolongation of Paerdegat Basin, thence southwesterly along Flatlands Avenue to Avenue N; thence westerly along Avenue N to Nostrand Avenue; thence southerly along Nostrand Avenue to King's Highway; thence southwesterly along King's Highway to Ocean Avenue; thence southerly along Ocean Avenue to Shore Parkway; thence northeasterly, northerly, northeasterly and northerly along Shore Parkway to Paerdegat Basin; thence northwesterly along Paerdegat Basin and the northern prolongation of Paerdegat Basin to Flatlands Avenue and the point of beginning.

[Cease and Desist Zone

(Canarsie)

Zone Expiration

County of Kings (Brooklyn) Date May 31, 2008

Within the County of Kings as follows:

All that area of land in the County of Kings, City of New York, bounded and described as follows:

Beginning at a point at the intersection of Ralph Avenue and the Long Island Railroad right-of- way (between Chase Court and Ditmas Avenue); thence northeasterly along the Long Island Railroad right-of-way to the northern prolongation of Bank Street; thence southeasterly along Bank Street to a point at the intersection of Bank Street and Foster Avenue; thence northeasterly continuing to a point at the intersection of Stanley Street and East 108th Street; thence southeast erly along East 108th Street to Flatlands Avenue; thence northeasterly along Flatlands Avenue to the northern prolongation of Fresh Creek Basin; thence southeasterly along Fresh Creek Basin to Shore (Belt) Parkway; thence southwesterly along Shore (Belt) Parkway to Paerdegat Basin; thence northwesterly along Paerdegat Basin, and the northern prolongation of Paerdegat Basin to Flatlands Avenue; thence southwesterly along Flatlands Avenue to Ralph Avenue; thence northwesterly along Ralph Avenue to the Long Island Railroad right-of-way and the point of beginning.]

Text of proposed rule and any required statements and analyses may be obtained from:

Whitney Clark, NYS Department of State, Division of Licensing Services, Alfred E Smith Office Building, 80 South Swan Street, Albany, NY 12231, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination

This rule is being proposed as a consensus rule making. The New York State Department of State does not expect that any person is likely to object to its adoption because the proposed rule merely repeals an expired provision of regulation.

Pursuant to section 442-h of the Real Property Law, if the Secretary of State (the Secretary") determines that owners of residential real property within a defined geographic area are subject to intense and repeated solicitation to place their property for sale, the Secretary may adopt a rule establishing a cease and desist zone. After a zone has been established, homeowners within the zone may file a statement with the Secretary expressing their wish not to be solicited. Real estate brokers and salespersons are prohibited from contacting property owners who have filed such statements with the Secretary. No rule establishing a cease and desist zone may be effective for longer than five years. However, the Secretary may readopt the rule to continue a cease and desist zone for additional periods not to exceed five years each.

19 NYCRR 195.17 contains the cease and desist zones established by the Secretary pursuant to Real Property Law section 442-h. One of the zones currently set forth in regulation is for the Canarsie area of Kings County. This zone expired on May 31, 2008. The Secretary has not readopted the zone.

Job Impact Statement

This rule will not have any substantial adverse impact on jobs and employment opportunities. The rule repeals an expired provision of regulation which prohibited real estate brokers and salespersons from soliciting real estate listings from residents of the Canarsie area of Kings County who notified the Department of State that they did not wish to be solicited. The provision of regulation establishing the cease and desist zone for this area expired on May 31, 2008 and has not been readopted. Real estate brokers and salespersons may now solicit real estate listings in the Canarsie area.